You were driving and had an accident with an uninsured vehicle?
How then to obtain insofar compensation as you are not responsible? What is the role of the FGAO (Compulsory Insurance Guarantee Fund)? All the explanations with MMA.
The FGAO compensates victims of traffic accidents caused by uninsured or unidentified persons.
Unfortunately, insurance default is on the rise in France. Motorists without insurance now number in the millions of thousands and it is important to know how to react in the event of a collision or accident with one of them.
Accident with an uninsured vehicle
Step 1: Check if your insurer can intervene
If you have an accident with an uninsured car, you must complete certain procedures and formalities to be eligible for compensation.
Tip: on the day of the accident, when possible, remember to ask witnesses to leave you their full contact details.
If you have taken out “All Risks”
insurance, your car insurance policy will then cover your compensation. In this case, it is necessary to declare the claim using the classic joint report (or its dematerialized version on a smartphone, the e-report ). This document must be completed and sent, even if the other driver refuses to sign it (or has run away).
When you are insured by a third party
You cannot rely on direct coverage by your insurance company. On the other hand, the FGAO (Compulsory Insurance Guarantee Fund) can be seized to obtain compensation. See next paragraph – step 2.
What is the FGAO (Compulsory Insurance Guarantee Fund)?
The Guarantee Fund for Compulsory Damage Insurance (FGAO) was set up by the French State in 1951.
Its historical mission is to compensate victims of traffic accidents caused by uninsured or unidentified persons.
The FGAO is fed by both insurance companies and all policyholders. Indeed, 2% of the number of insurance contributions is intended to supply this fund.
Namely:
Under certain conditions, when an amicable report has been signed and the person responsible for the accident, and uninsured, is identified, your insurer can advance the compensation (under the FGAO) and then turn to this organization to be reimbursed for the advance of funds.
Step 2: your insurance cannot advance the compensation to you, so enter the FGAO
The FGAO must normally be seized by the victim of the accident (or by his heirs in the event of death). However, when you benefit from a “defense-recourse” guarantee or a “ Legal protection ” associated with your car insurance contract, your insurance company can help you in your steps.
Furthermore, when the police intervene at the scene of an accident with injured persons and if the person responsible is not insured or has fled, they must send a report to the FGAO. From then on, the latter will write to you to inform you of your rights and to tell you what to do.
Whatever your situation, the referral form is available on the FGAO website. For your declaration, sending the requested items by registered letter with acknowledgment of receipt (LRAR) remains mandatory.
The file sent to the FGAO must:
- Detail the circumstances of the collision.
- Provide an amicable report (even if you are the only one to complete it).
- And present all the proof of damage suffered, both bodily and material (medical certificate, expertise, repair estimate).
Where possible, include testimonials received with your application.
After receiving your file, the FGAO may ask you for additional documents. The time it takes to take charge of your damages will then depend on how quickly you respond to these requests.
The other missions of the FGAO
Among its many missions, the Mandatory Insurance Guarantee Fund (FGAO) also intervenes to compensate for damage caused by pedestrians, cyclists, skiers, rollerbladers, etc. when they are uninsured or unidentified.
It also intervenes when an accident is caused by animals (domestic or wild) whose owners are not insured or are unknown as well as for hunting accidents whose author is not insured or not identified.
Step 3: terms of compensation
The amount of compensation for bodily injury is not capped. On the other hand, that of material damage is capped at 1,120,000 euros.
The FGAO generally sends you a compensation offer within 3 months of receiving and studying your file.
You remain free to accept or refuse this proposal. More than 90% of cases are thus settled amicably quickly.
However, if the compensation proposal does not suit you, you have one year to file an appeal. This period is extended to five years when the perpetrator is identified and when you decide to take legal action against him.
Driving without insurance is an excessive risk
Compensation from the Guarantee Fund does not exonerate the offending or fleeing driver from his civil or criminal liability. Indeed, the FGAO is responsible for recovering the sums paid to compensate for its failures. For this, he can use all the means at his disposal: police investigation, seizure of goods, and wages.
If found, the uninsured driver involved in an accident will have to reimburse, sometimes his whole life, even if he is not the owner of the vehicle involved.
The owner of an uninsured vehicle will assume the fine and penalties related to the lack of insurance.
